High Courts
Won't Be Appropriate To Provide Centres In Manipur For Civil Services Prelims Examination 2024: Manipur Govt Tells Delhi High Court
The Manipur Government on Tuesday informed the Delhi High Court that given the situation there, it will not be appropriate to provide centres in the State for Civil Services (Preliminary) Examination, 2024, to be held on May 26. A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was dealing with a plea moved by the Zomi Students Federation seeking a direction on the authorities to make alternate and adequate arrangements for tribal candidates...
No Offence Of Criminal Trespass Is Attracted When Accused Enters Property Which Is In His Joint Possession: Kerala High Court
The Kerala High Court stated that a person cannot be convicted for an offence of house trespass if the 'property in question' was under his joint possession. It stated that the entry of the offender into a property which is in his joint possession cannot be termed unlawful and cannot be termed as criminal trespass.The accused was convicted and sentenced by the trial court under Sections 201 (causing disappearance of evidence or giving false information to screen offender)), 449 (house trespass...
CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed by one Pramod seeking bail in a Murder case after his bail plea was rejected by the trial Court in December 2023.It was the case of the...
Period Of Service In Undivided Uttar Pradesh Liable To Be Counted As Continuity Of Service For Pension: Allahabad High Court
The Allahabad High Court has held that the period of service in Government Polytechnic, Sri Nagar, Garhwal in the undivided State of Uttar Pradesh before its division in 1997 must be counted as continuity in service for the purpose of computation retiral benefits, especially pension.Initially, the petitioner was appointed as 'Auto/Motor Mechanic' at Government Polytechnic, Sri Nagar, Garhwal where he continued till a fresh appointment was made as Anudeshak Motor Mechanic in Government...
When Two Interpretations Of Fiscal/Penal Statute Are Possible, One Which Exempts Subject From Penalty Must Be Adopted: Allahabad High Court
The Allahabad High Court has held that where two interpretations of a fiscal or penal statute are possible, the interpretation which exempts the subject from penalty must be adopted rather than the one which imposes penalty.The bench comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra held “As regards interpretation of a penal or fiscal statute, it is well settled that if two views or constructions are possible, the Court must lean towards that view/construction which...
Pained To See Temples Approaching Court For Dues From State Govt: Allahabad HC Summons Revenue Board Commissioner In Plea Seeking Release Of Annuity For Vrindavan Temples
The Allahabad High Court has directed that the Commissioner/Secretary, Board of Revenue, Uttar Pradesh be present in Court and explain why the annuity of the Thakur Rangji Maharaj Virajman Mandir, Vrindavan and 8 other temples in Vrindavan has been withheld for the last four years.“This Court is pained to note that temples and trusts have to knock the doors of the Court for getting their dues released from the State Government, which should have automatically flowed from the Treasury of the...
Congress Moves Delhi High Court Against Tax Re-Assessment Proceedings
The Indian National Congress approached the Delhi High Court on Tuesday against the initiation of income tax re-assessment proceedings against it by the tax authorities.The matter was mentioned by Advocate Prasanna S before a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora which allowed it to be listed tomorrow. “If in order…list tomorrow,” the bench said. Recently, a coordinate bench upheld the order passed by the Income Tax Appellate Tribunal (ITAT) on...
Issue General Instruction Enabling Live-In/Married Couples To Directly Approach SSP To Get Protection: Uttarakhand HC To State Govt
The Uttarakhand High Court recently directed the State Government to come up with general instructions, whereby, live-in/married couples can directly approach the Senior Superintendent of Police and get protection.A bench of Chief Justice Ritu Bahri and Justice Pankaj Purohit issued this direction to the state government while dealing with a protection plea filed by a couple. The couple/petitioners' grievance was that they should not be harmed by the families, who are opposing their...
J&K Land Revenue Act | Power To Set Aside Mutation Quasi-Judicial In Nature, No Such Administrative Power Vested With Dy Commissioner: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a Deputy Commissioner has no power to set aside mutation orders passed by a Tehsildar, highlighting that such power is quasi-judicial and requires adherence to principles of natural justice.Citing various provisions of the J&K Land Revenue Act Justice Sanjay Dhar observed,“I am afraid, there is no such administrative power vested with the Deputy Commissioner that would give him jurisdiction to set aside the mutation orders passed by...
Delhi High Court Rejects Lawyer's Plea With ₹1 Lakh Costs, Says Extreme View To Be Taken When Process Is Abused By Members Of Legal Fraternity
The Delhi High Court has imposed Rs. 1 lakh costs on a lawyer for filing an application under Section 340 of the Code of Criminal Procedure and trying to resuscitate the issue of forged and fabricated title documents filed in a civil suit in 2009.“The applicant is a practising advocate. This Court cannot believe that the applicant is unaware of the law. It is obviously in full knowledge and consciousness of what he is doing, and the manner in which he is abusing the legal process with impunity,...
Kerala High Court Dismisses Plea Challenging Amendment Mandating Gynaecologists As Sole Specialists To Conduct Medical Examination Of Sexual Assault Survivors
The Kerala High Court has dismissed the petition challenging clause 6 of the Kerala Medico-Legal Protocol for Examination of Survivors of Sexual Offences 2019 which mandates that gynaecologists be the sole specialists to conduct medical examination of survivors of sexual offence.The petitioners, in their plea, had submitted that the protocol is “illegal, improper, unsustainable and contrary to the already existing national and international guidelines” and argued that the amendment is liable to...
Prima Facie Offence Not Attracted: Kerala High Court Grants Anticipatory Bail To Two Accused In Kerala University Arts Festival Bribery Scandal
The Kerala High Court recently allowed the anticipatory bail application of the two accused in the cheating scandal at the Kerala University Arts Festival, stating that prima facie the offences alleged are not attracted against them.“On an appreciation of the facts, the rival submissions made across the Bar, the materials placed on record and the findings rendered above, this Court is prima facie of the opinion that the offence attributed against the petitioners may not be attracted....